The town of Truro took down political campaign signs, but then stopped. What happened?

The American Civil Liberties Union has made an inquiry with the town of Truro based on claims from a political candidate who says the town in April wrongfully removed his campaign signs from private property.

Timothy Hickey, a candidate for Select Board whose signs were removed, said he was never informed ahead of time and insists his signs were placed according to the town’s sign code. He said signs for a church fundraising campaign that were near his political signs were left untouched.

"Frankly, I think it's a great cause — they're trying to save the chapel for the Jamaican church," Hickey said of the church fundraising signs. "The point is, is those are campaign signs, too, and none of them have permits either."

The annual town election is Wednesday, May 29. Hickey is one of four candidates on the ballot for two three-year Select Board seats.

Town says signs were on a public right of way

Town Manager Darrin Tangeman said the political signs were not permitted and were placed in a public right of way.

“There continues to be this misinformation campaign, that this discussion is about taking signage, temporary signage, off of private property but that unequivocally did not happen,” Tangeman said. “We don't practice that, we never do that and I've never given directions to anyone in town to do that.”

The town removed signs in the public right of way in early April, but Tangeman said after receiving complaints the town halted the practice.

What was the ACLU inquiry?

In its May 14 public records request obtained by the Times, the ACLU said Truro’s enforcement of its sign code infringes on residents’ free speech rights. They argue the enforcement is inconsistent and likely violates the First Amendment.

“It has been reported to us that the Town recently confiscated political signs from residential private property, including political signs supporting at least one non-incumbent Select Board candidate,” the ACLU inquiry said.

The ACLU could not comment on the inquiry as it is an ongoing case.

Tangeman said the ACLU inquiry appears to be based on the idea that the signs were removed from private property.

“I directed staff to enforce the existing sign code and remove signs that were not permitted, that were in the public right of way,” Tangeman said. “But because of a lot of conversation, we have decided to cease enforcing the code.”

The town has not removed any signs, including those in the public right of way, in over a month and is working on a reply to the ACLU, Tangemen said.

15-day notice required?

Hickey said the town is supposed to give sign owners a 15-day notice before enforcement or removal, but a town official said his interpretation of the code is wrong.

“Everybody I've spoken to since then, who have worked for the town and lived in the town for 50 years, has never seen this as long as they've lived here,” Hickey said of the enforcement. “They said they've never seen this, this is egregiously wrong.”

Truro Town Planner and Land Use Counsel Barbara Carboni said the town's code has no provision requiring advanced notice for removing signs the town determines are in the public right of way.

Section 11 of Truro’s zoning and sign code, which deals with temporary and campaign signs, does not require notifying property owners before temporary signs within public ways are removed.

In contrast, Section 7.B of the sign code, titled “Maintenance of Signs,” authorizes the Select Board to order the repair or removal of signs deemed dangerous or unsafe and property owners must receive a 15-day notice to correct any problems. That section is aimed at permanent signs that have become hazardous, not temporary campaign signs.

Despite the language in the code, Carboni said the town has not taken any further enforcement action until officials speak with Truro town counsel and others involved in writing, enforcing and enacting the town’s sign zoning bylaws.

"We're working with town counsel to make sure that we have a revised sign code that is sensitive to First Amendment issues and otherwise enforceable throughout the town," she said.

Walker Armstrong reports on all things Cape and Islands, primarily focusing on courts, transportation and the Joint Base Cape Cod military base. Contact him at WArmstrong@capecodonline.com. Follow him on Twitter: @jd__walker.

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This article originally appeared on Cape Cod Times: Truro political candidate says his signs were taken down by town